A handgun is one example of many types of firearms surrendered under court order that are held in the evidence room at the Outagamie County Justice Center in Appleton. / Dan Powers/Post-Crescent Media

Harbor House victim advocate on Newsmakers

Wendy Gehl, victim advocate at Harbor House Domestic Services in Appleton, was Thursday’s guest on Newsmakers, Post-Crescent Media’s online issues show. For a replay of the conversation about guns and domestic violence, visit postcrescent.com/newsmakers.

Coming Monday

Learn about Wisconsin’s background check process on gun purchases, and what’s being proposed to broaden it and close the loophole of private gun sales.

Domestic abuse protection orders

A family court commissioner rules on requests for protection orders. Here are the requirements once an injunction order is issued for up to four years: • Respondent must refrain from committing acts or threats of domestic abuse against the protected person. • Respondent must avoid the protected person’s residence or any location temporarily occupied by the protected person. • Respondent must avoid contacting the protected person unless the protected person consents. • Respondent is prohibited from possessing a firearm until the expiration of this injunction. Possession of a firearm is a felony that carries a maximum of 10 years in prison and a fine of $25,000. Source: Outagamie County court system

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Long before April 17, 2009, a judge told Scott Schmidt to stay away from guns.

But that didn’t stop the former Appleton firefighter that day from going to the Grand Chute home he and his estranged wife, Kelly Wing Schmidt, once shared and shooting her three times in the head with a .22-caliber handgun.

The pistol that took the life of Wing Schmidt never should have been in Scott Schmidt’s house, vehicle or hands.

In September 2008, an Outagamie County judge placed Schmidt on 18 months’ probation for disorderly conduct, stemming from a disturbance involving his estranged wife. Schmidt was ordered not to possess any guns as a condition of probation.

The homicide illustrates a problem that continues to plague the Fox Valley and the rest of Wisconsin: How can guns be kept away from volatile people who are inclined to act violently?

Domestic-related assaults involving firearms are 12 times more likely to result in deaths nationwide, according to the Centers for Disease Control and Prevention.

Guns were used in 46 percent of Wisconsin’s 40 domestic violence homicides in 2011, more than any other type of weapon or method of killing, reports the Wisconsin Coalition Against Domestic Violence.

In Schmidt’s case, responsibility for compliance with the gun restriction fell largely on probation officers, but domestic abuse advocates say more can be done to enforce a judge’s orders when it comes to protection orders.

“To me, the number that truly measures gun violence in our community is the domestic protection orders,” said Appleton Police Chief Pete Helein said. “A judge is saying, ‘you’ve presented enough evidence that this individual is a threat’ and firearms can quickly escalate into violence, so they put down a prohibition order.”

Study proves method

In 2011, the state’s Office of Justice Assistance spent $150,000 on a study in Outagamie, Winnebago, Sauk and Waushara counties to examine new ways of enforcing the law.

Though a court commissioner orders the surrender of weapons, the process of locating and making sure the weapon was turned over to the sheriff or a responsible third party had been lacking. Results from the study were clear: Active enforcement meant guns were no longer in the hands of violent abusers, and the extra step was accomplished without additional labor costs.

Despite the low cost and positive feedback from law enforcement, the program hasn’t spread statewide. Only the four counties involved in the study are actively following up on firearm surrender orders, and Kenosha and Milwaukee counties are in the process of installing it.

“While it is state law that firearms must be surrendered in domestic and child abuse and some harassment restraining orders, the protocol is not specifically in the law,” wrote Tami Jackson, a spokeswoman for the OJA. “New legislation would be needed in order to make the protocol mandatory.”

A new law to address the matter was introduced in 2009, but failed to get out of committee. It faced lobby opposition from the National Rifle Association, Wisconsin Firearm Owners and Wisconsin Gun Owners.

During the yearlong study in Outagamie County, 66 guns were ordered to be turned over as a result of 109 protection orders. In Winnebago County, 74 guns were ordered surrendered from 79 protection orders in 15 months.

“That’s 74 guns taken out of hands of people who shouldn’t have them,” said Julie Fevola, executive director of Christine Ann Domestic Abuse Services in Winnebago County. “Getting guns out of hands of people that shouldn’t have them is critical to saving lives.”

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Surrender process

The process of surrendering a gun begins when a relationship turns abusive. From there, advocates like Fevola or Wendy Gehl of Harbor House Domestic Abuse Services in Appleton help victims through the paperwork and court process.

They accompany victims to the small family courtroom at the Outagamie County Justice Center to appear before Family Court Commissioner Richard Rowland, flanked by an armed sheriff’s deputy to emphasize the gravity of the situation.

Once an injunction is granted, it is typically good for four years. That’s four years of not being able to hold a gun, or walk into a sporting goods store and pick one up.

For many northeast Wisconsin men, that also means no hunting.

Victims need to consider the possible backlash from the protection order, including the effect on hunting rights, when filing a petition, Gehl said.

“That’s why we do safety planning throughout the entire process,” she said.

One victim in the OJA study told an advocate, “I don’t want him to lose his hunting rifle because that will make the situation worse.”

Once a judge issues a ruling, abusers have 48 hours to either turn them over to the sheriff’s department or a qualified third party.

Friends or relatives who take possession of the guns face being charged with a felony that carries a maximum 10-year prison term if they return them to the abuser — a strong enough threat that keeps the system on track, officers and advocates say.

If the guns are turned over to the sheriff’s department, they get logged and stored in floor-to-ceiling shelves in the basement of the Justice Center. A tour by Post-Crescent Media of the evidence room revealed stacks of rifles, shotguns and pistols with green tags denoting the protection order, as opposed to those kept as evidence.

At any given time, the room holds 300 to 400 firearms, though not all are stored there because of restraining orders.

System will take time to catch on

Winnebago County Court Commissioner Dave Keck said the surrender protocol will be a prominent topic of discussion in legal communities this year — given the national discussion about gun control.

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In March he’ll make a presentation at a training session for law enforcement officials about the benefits of the pilot program.

“It’s really not burdensome on the court or the sheriff’s department, so it’s just a matter of thinking through the logistics and following up,” Keck said. “It’s important to look at the fact that the Legislature has addressed this already. We have this great law and we need to enforce it.”

Heading into the OJA pilot program, counties had their concerns, said Steve Brandl, an associate professor of criminal justice at the University of Wisconsin-Milwaukee, who wrote the study’s report.

“They thought they’d be overwhelmed with work and overwhelmed with guns, but as it turns out there wasn’t much additional work to make sure the guns were in the right place,” Brandl said. “The point is to make sure they don’t have access to those guns in a time of anger and rage.”

Coordinated effort on guns

Helein said officers inquire about the presence of guns at every domestic violence call. Although no court order is involved, the department can take possession of weapons temporarily for safe-keeping, with consent of one of the parties.

“In our community, we know that guns are being pointed at victims, suspects are pulling the trigger, hearing click, then telling the victim the next time there will be a round in the chamber,” Helein said.

When it comes to probationary rules, as in the case with Scott Schmidt in 2009, Department of Corrections’ officials realize they can’t supervise offenders at all hours.

But they can use other methods to ensure compliance.

“(Agents) utilize a variety of tools and methods such as unannounced home visits, collateral contacts and if cause is determined, homes searches,” Joseph Pontillo, a DOC supervisor in Appleton, told Post-Crescent Media in an email. “Any potential violation regarding a firearm is taken seriously and would result in immediate custody.”